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tv   NBC Bay Area News at 5  NBC  November 3, 2014 5:00pm-5:31pm PST

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with his wife looking on, the former officer looked solemn as his lawyer asked for more time before answering to the charges. but harrington's attorney said the cop-turned-suspect admits he made mistakes. >> that's a good question. what was he thinking? and the real -- probably the honest answer is he wasn't thinking. he used the word "game." and i've said this before and i'll say it again as his lawyer. this is no game. >> reporter: harrington will be back in court next week. his attorney says that he has indicated he wants to wrap this up as soon as possible, alluding to a possible plea agreement in the works. he faces several years behind bars. >> keep us posted, thank you. a follow-up on the deadly construction accident that killed a man in milpitas in 2012. the ceo of the company that was building the luxury home was arrested today at sfo.
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he flew here from his home in china to surrender to authorities. a grand jury indicted him in august for the involuntary manslaughter of raul macado, killed when a wall of mud collapsed on top of him. three days before the death a milpitas building inspector had issued a stop work order saying the construction site was not safe. tomorrow is election day. there's a lot riding on the results, locally and nationally. turnout is expected to be low. take a look. this is a live look at the registrar's office in santa clara county. a lot of people actually stopping by to vote or drop off their mail-in ballots. the more traditional way, election tuesday. polls open tomorrow morning at 7:00 and close at 8:00 in the evening. the latest projection, only 40% to 50% of the county's registered voters are expected to cast a ballot. >> some of the things that may contribute to that are just low interest. the voter apathy. maybe not wanting to get out and
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vote or not having high interest topics or candidate contests on the election. >> here's one race getting national attention. the hot race for congress. who will lead the silicon valley? long-time incumbent mike honda on the left is fighting off the upstart ro khanna, both democrats. it's a battle of old versus new. honda has the support of president obama, governor brown, and representative pelosi. kahn that is backed by lieutenant governor newsom, chuck reed, and the head of several silicon companies like facebook and google. the san jose mayoral race between liccardo and cortese is a high-profile race. both races are expected to be tight. two controversial measures that would tax sugary drinks are not expected to get people to the polls. voter turnout is expected to be low in san francisco and berkeley where measure e and d are on the ball hot. if they pass customers would have to pay 2 cents more in san francisco, 1 cent more in berkeley.
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berkeley's measure requires a simple majority. san francisco requires a two-thirds majority. election coverage continues on nbcbayarea.com. just click on the decision 2014 button at the top of the page. there you will find election results as they come in tomorrow night. and the investigative unit will look out for any election day voting troubles. if you encounter a problem at the polls just call our tip line. 888-996-tips. e-mail theunit@nbcbayarea.com. is it inhumane treatment? that's what the people in san jose's jungle are claiming. the jungle is in san jose, the nation's largest homeless encampment. today they staged a preelection protest and news conference. robert honda joins us from that site. what exactly is their message? >> reporter: raj, residents at the jungle said they wanted to be heard today because they want people running for office to make homelessness a priority. residents say they're stuck in
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unsanitary limbo. >> they've done a number of things that have actually helped us, but they haven't done enough. >> reporter: people from the jungle and community advocates say they want to get homelessness on the public agenda before and after the election. first they want the city to drop its time restrictions on the portable toilets. right now they can only be used from 8:00 a.m. to 4:00 p.m. >> i feel that they're punishing us. i feel that, in my heart, that's what they're doing to us. >> the river down there is polluted. people get water from the river, people bathe in the river. they just got the port-a-pottys but they close early. so we have a real sanitation crisis. >> reporter: residents called for an end to police sweeps. >> we want the city to stop their sweeps of encampments until sanctuaries are identified on city, county, or church properties. >> reporter: san jose officials point out its program has already found housing for about 125 former residents and will continue to do more. >> the encampments represent an unsafe, unsanitary, and
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dangerous place for people to be. we want to make sure the type of concentration and the type of trouble that people are facing down in these sites doesn't continue to occur. >> reporter: the city still plans to close down the jungle in mid-december. coming up at 6:00, how the san jose mayoral candidates plan to deal with this problem. a criminal history and a suspended license. we are learning more about the driver accused of hitting and killing three teenage girls halloween night. 31-year-old joaquin bell was arrested sunday night in southern california. police say they found him inside a motel 6 with his two children and two other adults. police say he fled the scene of friday's crash in santa ana. 13-year-old twins and their friend were killed just blocks away from their homes. court records schobel was driving with a suspended license after being convicted of a hit and run and dui back in august. her death in oregon has reignited debate over a person's right to die here in california. britney maynard chose to end her life thisened after suffering
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from terminal brain cancer. nbc bay area's mark matthews spoke with the group trying to authorize death with dignity in california. he has more from san francisco. >> it will come because i feel myself getting sicker. it's happening each week. >> reporter: compassion and choices believes britney maynard's decision to take her own life will be a turning point in people's understanding. >> because when i'm having a seizure and i can't speak afterwards, i certainly feel as sick as i am. >> reporter: in this video, provided by compassion and choices, maynard talks about her decision to leave california for oregon, one of the five states with right to die laws. and even though californians rejected a right to die measure in 2007, the communications director for compassion and choices believes maynard's story will strike a chord. here's what she told us via skype. >> in california, nearly 70% of californians support death with
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dignity. >> reporter: she's talking about a recent gallup poll that found 70% in favor of allowing doctors to help terminally ill patients end their lives. >> it's just a choice that californians must have. >> reporter: but in berkeley, the director of development for the disability rights education and defense fund says her organization is opposed to a change in california policy based on a single case. >> we're concerned that what would happen would be that the treatment option that was covered by the insurer might be assisted suicide coverage, but not chemotherapy. >> that was mark matthews reporting. he says compassion and choices is working to get a measure on the ballot. our comp of the story continues tonight at 5:30 on "nightly news." a closer look at the debate, chug the states that currently have so-called death with dignity laws. it's a polarizing issue with no clear-cut solution and there are thousands of people, including many children, that
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are stuck in the middle of this political battle. >> go back home! >> you've probably heard of it, protesters angry that thousands of people are crossing the border, seeking asylum and refuge, many from central america. many of these people are ending up here in the bay area. investigative reporter stephen stock traveled to our border and uncovered what's really happening. this is a crisis with many layers here. >> absolutely, raj. we spent two months following refugees, both at the mexican border and here in the bay area. and we discovered an immigration system that is currently overwhelmed by the tens of thousands of people now fleeing, not from mexico, but from honduras, quat maul lashes and el salvador. so many have come across the southwest border in recent times federal border agents are forced to drop many off at the local bus station to ride wherever they may have other family members already living here in the united states.
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>> the immigration policies in the united states tries to accommodate two inconsistent ideas. one is, we are a country that provides refuge for people who are suffering persecution. the immigration law is also designed to protect the homeland. >> now we watched as these refugees were being dropped off at bus stations in tucson, arizona, and we actually rode on some of those buses to hear their stories firsthand. tonight we go undercover and take you undercover to give you a firsthand look at this system from the inside, to hear the stories of perseverance from the people who survived them. that's tonight at 11:00 on nbc bay area news. still ahead, new evidence in the virgin galactic spaceship crash. what cockpit video shows the pilot doing moments before it fell from the sky. a gallon of gas is now
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cheaper than a gallon of milk in america. i'm michelle roberts in san jose. coming up, hear from many people who are taking advantage and some say this is great for business. good afternoon. i'm meteorologist jeff ranieri. a few high clouds passing across san jose and fran. overall a beautiful day. we'll talk more about tomorrow's election day forecast plus details on the next rain in a few minutes. can facebook keep your personal info safe? get an exclusive look inside a data protection unit. how the company puts its own employees to an honesty test. >> this should be setting off red flags. >> that's new at 6:00.
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man and machine error. investigators have uncovered new evidence in the deadly virgin galactic spaceship crash lasted from over the mojave desert.
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cockpit video shows the copilot unlocking the tails of the aircraft way too early. a second lever designed to activate the system apparently deployed on its own. investigators say this is preliminary, they are months away from figuring out an exact cause. >> it's a grand program which has had a horrible setback. that i don't think anybody watching this program would want us to abandon it at this stage. >> copilot michael asberry was killed in the crash. the pilot survived and is currently recovering from surgery. how about this, another week and another drop. gas prices continue to fall across the bay area. we're hovering under $3 a gallon. michelle roberts is in san jose where people are lining up for what is the cheapest gas in town. >> reporter: $2.84 at costco in san jose. definitely one of the cheapest spots in the bay area. take a look at this line. dozens of people. it's left hand like this all day
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long. at the lunch hour there were people directing traffic. everyone i've talked to say it's worth the wait. they want to get this deal. >> excellent, it's about time. >> reporter: plenty of smiling customers at the gas n shop in san jose. >> every drop counts. >> reporter: $2.85 a gallon, drivers packed side by side to get the best deal on the block. >> it's really important that i get the value of my gas rather than going somewhere else. >> reporter: vanessa is a driver for insta cart, a grocery delivery service in san jose. >> it will tell me i have a order, they'll list where they want me to go. >> reporter: she pays for gas as tips come in. today she can spend more time making deliveries. >> that's a wonderful thing for me in the business i work in, critical. >> reporter: she says the savings on gas will buy lunch but she's hoping the trend will continue and eventually lead to a bigger salary. >> a lot of people don't want to pay to gas up to go to the store. so if we can provide that to them and now the cost is cut to us, it just pads everyone's
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pockets. >> reporter: analysts credit cheaper gas to plummeting crude oil prices, increased u.s. oil production, and the switch to the lex-expensive winter blend. >> good now. but for how long? we don't know. >> reporter: aaa is predicting these prices will continue to fall possibly 5 to 15 cents just this month. and that would make it the cheapest thanksgiving gas in five years. >> a long line to get that cheap gas but it's worth the wait. in san jose, the change to daylight saving time brings new drought rules for outdoor watering. now that we're having cooler wedder and less daylight, plants have more time to absorb water because there's lessee evaporation. hand watering with automatic shut-off nozzle is now allowed after 3:00 p.m. sprinkler use is limited to before 10:00 a.m. and after 8:00 p.m. it's part of san jose's every drop counts campaign. will he or won't he? is the panda staying with the giants? it could be a $90 million
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question. in less than an hour pablo sandoval will officially become a free agent. that means he's free to sign with any team, including dodgers or red sox. giants would love to keep him. sandoval has told us he'd like did stay in the bay area but it's going to come down to money. today the giants extended a qualifying offer to sandoval. it's a common negotiating move. it's a one-year offer to pay him about $15 million for one season. sandoval is expected to decline that qualifying offer. from panda to mad bum, the world series mvp is in new york tonight. he'll appear on "the tonight show" with jimmy fallon. if anyone can get a smile or personality out of mad bum, it's going to be jimmy fallon. >> we'll see. >> that's tonight after our news at 11:30. >> we're so on a giants high. >> maybe he'll come riding a horse. >> you never know. he's a small town boy but he's got big heart and a lot of passion inside. speaking of highs our temperatures are going to go up.
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jeff ranieri. >> substantial increase coming our way as we head throughout that midweek forecast. as for that rainfall we saw the past seven days i did want to start off with satellite radar. you can see we're dry across the bay area. now the storm track remains just off to the north. it's way too far off to the north to give us any rainfall for tonight. so all it really did was spread high clouds across the bay. we can show you that on our weather underground time lapse network. a beautiful shot morning hours through the afternoon. blue sky, then this evening high clouds moved back. as we mentioned with that time change this past weekend, of course that sunset is going to be coming sooner for us in san francisco it's already started officially at 5:09. notice temperatures, quite a bit cooler. right now upper 50s and also low 60s. so no doubt you need a jacket if you're heading out. let's get you into the microclimate forecast throughout tuesday. we're going to notice differences here. it is going to warm up. no way is it going to be uncomfortably hot. it's going to stay really nice
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for us. we've got 72 expected in downtown san jose. 74 in morgan hill. a region of high pressure is going to move right on top of the bay heing to keep this storm track to the north. not a whole lot of hot air with it. palo alto 73. down toward the coastline 64 in pacifica. most of san francisco expecting upper 60s to 70. once again very injoibl here. we'll get you to the north bay, east bay, and tri-valley. no other problems expected across these microclimates. if you're heading out for election day, taking time off work, there isn't a bad time with that weather to head out and cast your vote. 75 degrees expected in napa. sausalito 73. for the east bay 74 in oakland. some very consistent weather, no huge jump as you head back toward walnut creek with 74. and also around the mid-70s expected in the trey-valley with pleasanton at 75. i want to go and advance the story as we head throughout the next couple of days. with that warming in the forecast, you should know it's not going to get extremely hot
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this week. that warming trend is going to have temperatures topping out wednesday at 80 degrees. it is going to be above average. but again, it's not going to be super hot for us. not expecting any kind of record-setting heat. the next thing i want to draw your attention to is the next possible rain. we have been on a roll the past couple of weeks. unfortunately throughout this week, what you're going to find is that storm track pushes all the storms way up to washington and oregon. we likely won't see that system start to moderate for next week until about wednesday. that's when we'll start to see things getting closer. we may actually get rainfall by next thursday. of course we're going to be tracking that for you in that forecast at nbcbayarea.com. here is the other thing. this is the month when things really start to go up there. you can see in october we averaged just over 1 inch of rain in san francisco. by november we see an exponential increase in those averages with over 3 inches. then by december and january we're hoping we stay on point where we do average over 4
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inches. let's go ahead and take you into this upcoming weekend forecast. round things out for you. great weather, sunny skies. temperatures in the 70s. south bay 79 on saturday. 78 sunday. not too many differences between both weekend days. san francisco low 70s. comfortable. tri-valley likely 80 by saturday. we've got 78 by sunday. also around the 70s for the north bay. all in all a smooth week coming our way. by next week we could have stormier changes. just ahead, he survived, but four others did not. how a bay area man says he made to it shore after a huge wave flipped their boat. investigators say she was on the run. we'll tell you where they caught this woman accused of scamming the elderly.
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big question of the east bay, was it a suspicious death or suicide? a body was found on the tracks today between the concord and north concord bart stations. police are trying to get to the bottom of this. the gruesome discovery shut down service in both directions for several hours. no word yet on the person's identity. the lone survivor of the bodega bay boat accident says he never saw the huge wave that flipped the boat. philip sanchez, 66 years old, is seen here after he was rescued. you notice he limps, walks with a limp because of childhood polio. he was a good enough swimmer to be on his high school team. that skill saved his life saturday as he swam for 25 minutes in the water that was chilly about 59 degrees. he thought he was drowning a couple of times but managed to get to some offshore rocks.
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he says he's feeling survivor's guilt after losing four friends in this accident. no one on board was wearing a life jacket. caught while trying to flee. that is the accusation tonight against this woman. her name is not being released yet but she's accused of scamming elderly chinese victims and stealing from them in san francisco, los angeles, and new york. customs and border patrol agents arrested her in new york as she was trying to leave for china. she faces charges of grand theft, conspiracy, extortion, and elder abuse. the money is still there. don't worry. but bank of america customers were unable to log in to their accounts today. this is the error message many saw when they tried to logon using smartphones or tablets. computer users were directed to return later. bank of america has not said what caused this glitch but the website was back up and running in an hour. one of the largest and most influential blogging sites for women is being acquired. blog-her known for conferences that draw thousands of bloggers and companies says it will be
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bought by a larger group called she knows. blog her is based in the bay area. the company tells us they'll keep blogging and continue to host conferences. >> the same great blogging is there. our bloggers, those are our brands. we can't -- we are not blog her without those brands and blocks. we are still coming to the table with the blogs intact. >> very successful and passionate leadership group there in the peninsula. the next blog her conference is being scheduled for next year in new york. the confetti looked great but it sure caused quite a mess. along with garbage from giants fans. san francisco department of waste cleaned up nearly 23 tons of trash following the victory para parade. in comparison 22 tons of garbage following the 2012 parade and 17 tons after the 2010 celebration. >> a lot of ponchos and hot coffee cups. >> that's true.
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they cleaned up quickly. >> they did. how a south bay man with a losing lottery ticket still walked away with millions next. hey john, check it out. whoa! yeah, i was testing to see if we really can turn any device in your house into a tv. and the tablet worked just fine. but i wanted to see if the phone would work as well. so i shrunk sharon. every channel is live just like on tv. but it's my phone. it's genius. shh! i'm watching tv. tiny sharon is mean. i'm right here. watch any channel live on any device around your home. download the xfinity tv app today.
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we'll be back in a half hour. here's what we're working on for 6:00. backlash in russia about being gay after apple's ceo comes out. the tribute taken down following tim cook's announcement. a second chance paid off big for one south bay man. he and his family have nearly 4
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million reasons to smile. alexander nguyen won $3.75 million after entering a nonwinning scratcher ticket in the lottery's second chance program. the winning submission was bought at vogue cafe in east san jose. nguyen and his wife plan to take a vacation to "get our heads straight" and figure out what to do with the money. the family chose to take the cash option, the cash payout, over the next 25 years. >> take a vacation to determine how to spend your money. >> got to think about it, a million ways to spent it. >> going to be a good vacation, yeah. >> before we go, how's it looking for the rest of the week? >> the sunset's coming a little bit sooner with our time change. you can see a beautiful shot here from our emeryville camera arehigh clouds moving in. a dry forecast the next 24 hours. let's take you to the election day forecast, voting tomorrow. south bay 75. san francisco 70. tri-valleys 76. and for the north bay also mid-fy 70s. mostly sunny skies everywhere.
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in the morning you'll need a jacket. >> get out and vote tomorrow. on our broadcast tonight, cliffhanger. we're just hours from elections across the country. with so many battleground races too close to call and big power up for grabs. early blast. record cold and it's barely november. the earliest snow ever in some places. is it any sign of things to come? what went wrong? new details about the spacecraft disaster in the desert. what investigators now think happened in the moment before it plummeted ck to earth. and hoop dreams. one of the most inspiring, young women you will ever meet, facing down the shot of a lifetime. and the crowd goes wild. "nightly news" begins now. from nbc news world headquarters in new york, this is "nbc nightly news" with brian williams. and good evening from our election night headquarters here in new york,re

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